Post-Divorce Modifications in Lewisville, TX

Trusted Divorce Lawyer Serving Lewisville & Flower Mound

After a divorce, changes in circumstances may occur that require adjustments to a previous divorce order. An individual paying child support or alimony could lose their job, making it impossible for them to pay the same monthly support. In other cases, a custodial parent may need to relocate for a new job opportunity, impacting the visitation rights of another parent. If your circumstances have changed and you need to have a divorce order modified, contact a Denton County divorce attorney from Haugen Law Firm, P.C.

What Constitutes a Post-Divorce Modification?

Support order modifications require you to file a motion in the court that originally rendered the order. You must demonstrate the need for change by providing proper material and substantial proof. These changes in circumstances must directly affect the factors that are used to determine the amount of alimony or child support.

Examples which may warrant a modification on behalf of one parent include:

• Drug or alcohol problem
• Change in residence
• Physical injury, mental breakdown, or emotional distress
• Permanent change in work schedule
• New significant other who poses a threat to the child

For child custody and visitation cases, the party must provide evidence to show that the modification is necessary for the benefit of the child and/or due to a change in circumstance for the parent or guardian. These cases require experienced representation from a Denton County family law lawyer, which is why Haugen Law Firm, P.C. is the right choice in legal counsel.

Common Reasons for Post-Divorce Modifications in Texas

After a divorce, life changes may require modifications to existing court orders. Here are some common reasons:

• Remarriage: If either ex-spouse gets remarried, it may affect child support, custody, or spousal support orders, especially if the new spouse’s income or living situation impacts financial needs.
• Health Issues: Serious health problems can impact a person’s ability to pay child or spousal support or affect a parent’s ability to fulfill their custody or visitation duties.
• Loss of Income or Job: A job loss or decrease in income may warrant a reduction in child or spousal support payments, as the original financial arrangement may no longer be fair or achievable.
• Relocation: If one parent needs to move to a different area for a job or other reasons, it can affect visitation and custody arrangements. The court will assess if the move is in the child's best interest.
• Changes in the Child’s Needs: As children grow, their needs change. This might involve a change in the custody arrangement or the need for more support due to education or healthcare costs.
• Substance Abuse or Behavioral Issues: If one parent develops a substance abuse issue or engages in dangerous behavior, it could lead to a change in custody or visitation rights to ensure the child's safety.

How to Request a Post-Divorce Modification

Requesting a post-divorce modification involves several steps. Here’s what you need to know:

• File a Motion for Modification: You must file a motion with the court that originally handled your divorce case. This document requests that the judge modify the original order.
• Provide Evidence: You’ll need to provide evidence supporting why the modification is necessary. This could include proof of job loss, medical records, or financial documents.
• Attend a Hearing: After filing, a hearing will be scheduled. During this hearing, both parties can present their case. The judge will decide whether the modification is warranted.
• Court’s Decision: The court will review the evidence and determine if modifying the divorce order is in the best interest of the child (for custody/visitation) or fair based on the new financial circumstances.

Child Custody Modification Process

Modifying child custody or visitation arrangements can be complicated. Here’s what the court will consider:

• Best Interest of the Child: The main focus will be what arrangement best supports the child's well-being. This includes emotional, physical, and developmental factors.
• Parental Cooperation: The court will assess how well the parents can cooperate and communicate about the child’s needs. A history of conflict can influence the court’s decision.
• Change in Circumstances: The court will want to see that a substantial and ongoing change has occurred, such as a parent's relocation, a child’s preference (if old enough), or a serious issue like abuse or neglect.
• Parent’s Ability to Provide: If a parent’s ability to care for the child has changed, such as due to health issues or a change in financial stability, the court may adjust custody or visitation rights accordingly.

Each case is unique, and having experienced legal help can make navigating this process much easier.

Frequently Asked Questions (FAQs)

• Can I modify my divorce agreement without going to court?
  In some cases, modifications can be settled out of court through negotiation or mediation. However, the changes must still be approved by a judge to become official. A lawyer can help guide you through this process.
• How soon can I request a modification after my divorce is finalized?
  You can request a modification at any time after the divorce is finalized, but there must be a significant change in circumstances. Generally, the court will expect at least a few months to a year of changed circumstances before granting a modification.
• What happens if my ex-spouse refuses to comply with a modified order?
  If your ex-spouse does not follow a modified order, you can file a motion for enforcement. The court can impose penalties, such as fines or changes in custody, if the non-compliance continues.
• Can a modification be made if one parent is not paying child support?
  Yes, if one parent is not paying child support, the other parent can request a modification to either enforce the original order or adjust the amount based on the paying parent's new financial situation.
• How much does it cost to request a post-divorce modification?
  The cost varies depending on the complexity of the case, the need for legal representation, and court fees. It’s best to consult with an attorney to understand the potential costs involved in your specific situation.
• Do I need a lawyer to request a modification?
  While it’s not required to have a lawyer, it is highly recommended. A family law attorney can ensure that the process goes smoothly, help gather necessary evidence, and increase the likelihood of a successful modification.
• Can child support be modified if the child turns 18?
  In Texas, child support typically ends when the child turns 18 unless they are still in high school or have special needs. If your child is still in school, child support may continue until they graduate or turn 19, whichever comes first.

Contact Our Denton County Law Firm for Experienced Guidance

Haugen Law Firm, P.C. is focused solely on their client's goals and can thoroughly prepare your case from the very beginning. The team is led by Attorney John Haugen, who graduated from West Point and served in the U.S. Army for four years before being honorably discharged.

Each client is carefully informed of each step and remains involved in the preparation and strategy process to ensure that their case has the highest chance of success. The firm has helped countless clients achieve their personal goals, as is evidenced by the positive client testimonials.